Divorce Process

Bohemia Divorce Attorney

Guiding clients through the divorce process

When a couple cannot stay in a marriage and need to fully dissolve their relationship, they will turn to divorce. If a couple cannot come to terms through alternative dispute resolution, divorce can be a lengthy, complex ordeal. If you are facing divorce, it is important to have the right legal support to help you through these matters. Understanding the road ahead is in your best interests and we are here to help. If you need quality legal services from an effective and attentive attorney, contact Peter V. Mandi & Associates, Inc.

Residency requirement

To get a divorce in New York State, you will have to satisfy some requirements so that a court can establish jurisdiction and hear your case. It is important to meet the residency requirement which is as followed.

  • You or your spouse have lived in the state without interruption for a minimum of two years
  • You or your spouse have lived in the state in the year before the divorce case and you either got married in NY, lived in NY as a married couple, or the grounds for divorce happened in NY.
  • Both are residents on the day of filing

Grounds for divorce

The next step is to state grounds for the divorce. Fortunately, New York is a no-fault divorce state. This means that you can get a divorce and avoid the pitfalls of contested fault grounds. No- fault grounds can be used when one cites irreconcilable differences for at least 6 months as the main reason for the divorce. Though no-fault grounds are the most utilized, you are welcome to cite fault grounds as well. Below are the acceptable grounds for divorce.

  • Irreconcilable differences for at least 6 months
  • Adultery
  • Imprisonment
  • Cruel and inhuman treatment
  • Abandonment
  • Divorce after a legal separation agreement
  • Divorce after a judgment of separation

Starting the process

The divorce process starts with a Complaint for Divorce. In this document, you will state grounds for the divorce and the support you may need, if any, to continue the process. Some relief can include child support, child custody, spousal maintenance, and legal fees. This helps dependent spouses protect themselves from financial intimidation and allows them to get the help they need if divorce is their only option.

Discovery & Compliance Conference

Discovery is one of the longest parts of the divorce process. Parties will exchange information with each other and the court to establish a clear picture of the financial situation of the marriage and the impending split. Each spouse will share sensitive financial documents, including net worth statements. Once completed, the parties will engage in the Compliance Conference. The Compliance Conference ensures that all parties have the information they need to move forward with the trial.

The trial

If a trial cannot be avoided through alternative dispute resolution, parties will meet in court. The trial will address contested issues. If a couple can come to terms on some issues outside of court, the trial could be shorter. Once parties complete their arguments, the judge will decide on the matters at hand.

Finalizing the divorce

Once the trial is complete, a judge will decide on contested topics and issue a Judgment of Divorce. This document will detail the judge’s decision and obligations of both parties. Either party may appeal the case. In the future, both parties may request modifications or enforcement orders, depending on the situation.

Contact Peter V. Mandi & Associates, Inc.

Our firm understands the hardship and burden one faces when divorce is reality. Our effective legal services and compassionate guidance can help you mitigate the pitfalls of divorce and ease you into the next chapter of your life. If you need a law firm that is committed to protecting your interests through the divorce process, contact Peter V. Mandi & Associates, Inc.  for a consultation.